South Africa Case Law

UNTU obo Motheng v Mafa N.O and Others (JR285/21)

UNTU obo Motheng v Mafa N.O and Others (JR285/21) [2024] ZALCJHB 411 (25 October 2024)

Court

Labour Court Johannesburg

Case number

JR285/21

Judge

Ngwenya

The Court found that although the Commissioner did not expressly rule on the admissibility of the psychometric assessment report as hearsay evidence, this omission did not materially affect the outcome of the arbitration. The central dispute was whether the employer’s policies permitted the use of psychometric testing as a selection criterion for the position in question. The Commissioner focused on whether the employer had committed an unfair labour practice by requiring all candidates to undergo psychometric testing, and the content or result of the psychometric assessment was not in disput…

Source excerpt

• Unfair Labour Practice
• Promotion Dispute
• Psychometric Testing
• Admissibility Of Hearsay
• Recruitment Policy

Nomtshongwana v Commission for Conciliation, Mediation and Arbitration and Others (JR 590/20)

Nomtshongwana v Commission for Conciliation, Mediation and Arbitration and Others (JR 590/20) [2022] ZALCJHB 254 (12 September 2022)

Court

Labour Court Johannesburg

Case number

JR 590/20

Judge

Mahosi

Review of a CCMA promotion dispute dismissed; the court held the commissioner’s award was reasonable and unsupported review grounds failed.

• Unfair Labour Practice
• Promotion Dispute
• Employment Equity
• Arbitration Review
• Recruitment Policy
• Promotion-dispute

Gert Sibande District Municipality v Selepe and Others (JR 414/18)

Gert Sibande District Municipality v Selepe and Others (JR 414/18) [2021] ZALCJHB 49 (29 March 2021)

Court

Labour Court Johannesburg

Case number

JR 414/18

Judge

Tlhotlhalemaje

The Labour Court dismissed a municipality’s review of a disciplinary ruling, holding that the chairperson’s findings on surveyor recruitment met the legality standard.

• Disciplinary Proceedings
• Legality Review
• Municipal Governance
• Recruitment Policy
• Labour-law
• Administrative-law

Mkoko v NHRBC (C781/14)

Mkoko v NHRBC (C781/14) [2019] ZALCCT 3 (6 February 2019)

Court

Labour Court Cape Town

Case number

C781/14

Judge

Rabkin-Naicker

The Labour Court dismissed an unfair discrimination claim arising from refusal to re-employ a former employee who had accepted a voluntary severance package.

• Unfair Discrimination
• Voluntary Severance Package
• Recruitment Policy
• Employment Equity Act
• Contractual Interpretation
• Unfair-discrimination

National Gambling Board v Manuel (JR1150/15)

National Gambling Board v Manuel (JR1150/15) [2015] ZALCJHB 418 (1 December 2015)

Court

Labour Court Johannesburg

Case number

JR1150/15

Judge

Boyce

The Labour Court reviewed and set aside the respondent’s appointment and employment contract after finding material irregularities and misrepresentations.

• Review Of Employment Decision
• Fraudulent Misrepresentation
• Termination Of Employment Contract
• Recruitment Policy
• Jurisdiction Of Labour Court
• Labour-law

Xako v Nelson Mandela Bay Municipality (P304/13)

Xako v Nelson Mandela Bay Municipality (P304/13) [2015] ZALCPE 50; [2015] 12 BLLR 1276 (LC) (1 October 2015)

Court

Labour Court Port Elizabeth

Case number

P304/13

Judge

Lallie

The Labour Court dismissed a claim for permanent appointment and benefits, holding that it could not approve an appointment made contrary to recruitment policy.

• Contract Of Employment
• Recruitment Policy
• Fixed Term Contract
• Jurisdiction Of Labour Court
• Contract-of-employment
• Recruitment-policy

SAMWU obo Members v Lephalalele Local Municipality and Another (JR1253/2015)

SAMWU obo Members v Lephalalele Local Municipality and Another (JR1253/2015) [2015] ZALCJHB 339 (30 September 2015)

Court

Labour Court Johannesburg

Case number

JR1253/2015

Judge

Whitcher

The applicant failed to establish urgency, as the claim of imminent appointment was based on vague and unsubstantiated information from an unidentified source. The statutory appointment process under section 54A of the Local Government: Municipal Systems Act requires a minimum period and oversight before any appointment, negating the alleged urgency. On the merits, the respondent provided a plausible version, supported by evidence, that the applicant was invited to the shortlisting process, and another union attended. The recruitment policy's purpose of transparency was fulfilled. The applica…

Source excerpt

• Recruitment Policy
• Urgent Interdict
• Observer Rights
• Municipal Manager Appointment

Solidarity obo Labuschagne v Commissioner of the South African Revenue Services (JS732/11)

Solidarity obo Labuschagne v Commissioner of the South African Revenue Services (JS732/11) [2015] ZALCJHB 151; [2015] 10 BLLR 1070 (LC) (14 May 2015)

Court

Labour Court Johannesburg

Case number

JS732/11

Judge

Molahlehi

The court found that the respondent did not unfairly discriminate against the applicant. The extension of the recruitment process was permitted by the recruitment policy, which served as a guideline rather than a rigid rule. The employment equity plan, although formally expired, was validly extended by the EE committee in consultation with relevant parties, and there was no evidence of disapproval by Exco or the Commissioner. The appointment of Ms Madidimole was based on merit, as she scored highest in the interviews, and her race was a legitimate consideration to address underrepresentation…

Source excerpt

• Employment Equity Act
• Affirmative Action
• Unfair Discrimination
• Employment Equity Plan
• Recruitment Policy
• Representivity

Manana v Department of Labour and Others (JR 2081/2008)

Manana v Department of Labour and Others (JR 2081/2008) [2010] ZALC 26; [2010] 6 BLLR 664 (LC) (16 February 2010)

Court

Labour Court

Case number

JR 2081/2008

Judge

Molahlehi

The Labour Court condoned a late review, set aside an arbitration award, and held that appointing a candidate who did not meet the post’s minimum requirements was an unfair labour practice.

• Unfair Labour Practice
• Promotion Dispute
• Recruitment Policy
• Condonation
• Gross Irregularity
• Arbitration Review

Benjamin v University of Cape Town (C1041/2001)

Benjamin v University of Cape Town (C1041/2001) [2003] ZALC 100; [2003] 12 BLLR 1209 (LC) (19 September 2003)

Court

Labour Court

Case number

C1041/2001

Judge

Ndlovu AJ

The Labour Court dismissed a challenge to UCT’s appointment of another candidate, finding the decision rational and not unfairly discriminatory.

• Unfair Discrimination
• Employment Equity Act
• Fair Labour Practice
• Recruitment Policy
• Managerial Experience
• Constitutional Rights